New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 132

132 Termination if residence contract frustrated

(1) If residential premises in a retirement village are, otherwise than as a result of a breach of a village contract, destroyed or rendered wholly or partly uninhabitable or cease to be lawfully usable for the purpose of a residence or are appropriated or acquired by any authority by compulsory process, the resident or the operator of the village may give immediate notice of termination to the other party to the residence contract relating to the premises concerned (unless the resident is a registered interest holder (other than a person referred to in section 7 (1) (c)) in respect of the premises).

Note : The operator and the resident may choose not to terminate the contract. However, recurrent charges payable in respect of the premises abate according to the degree to which the premises are uninhabitable--see section 111.

(2) A notice of termination under this section may specify any date as the date on which the resident is to vacate the residential premises.

(3) If the operator advises the resident (or the resident advises the operator) no later than 7 days after receiving a notice of termination under this section that he or she considers that the premises have not been rendered wholly or partly uninhabitable (as the case may be), either party may apply to the Tribunal for (and the Tribunal may make) an order determining the condition of the premises for the purposes of this section.

(4) If an application is made to the Tribunal under this section, any notice of termination given under subsection (1) is suspended pending the determination of the Tribunal.

(5) An application to the Tribunal under this section also operates as an application under section 111.

(6) A notice of termination under this section may be withdrawn with the consent of both parties at any time before the termination of contract takes effect.